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Session laws and resolutions passed by the General Assembly [1993-1994]

CHAPTER 754 Session Laws - 1993
may not assess a monetary penalty as a result of missing stickers under both
this subsection and subsection (b). Imposition of a monetary penalty under
this subsection does not affect suspension or revocation of a license required
under subsection (b).
"§ 20-1 83. 8C. Acts that are Type I, II, or III emissions violations.
(a) Type I. - It is a Type I violation for an emissions self-inspector, an
emissions inspection station, or an emissions inspection mechanic to do any
of the following:
(1) Put an emissions inspection sticker on a vehicle without
performing an emissions inspection of the vehicle or after
performing an emissions inspection in which the vehicle did not
pass the inspection.
(2) Use a test-defeating strategy when conducting an emissions
inspection, such as holding the accelerator pedal down slightly
during an idle test, disconnecting or crimping a vacuum hose to
effect a passing result, or changing the emission standards for a
vehicle by incorrectly entering the vehicle type or model year to
achieve a passing result.
(3) Allow a person who is not licensed as an emissions inspection
mechanic to perform an emissions inspection for a self-inspector
or at an emissions station.
(4) Sell or otherwise give an inspection sticker to another other than
as the result of a vehicle inspection in which the vehicle passed the
inspection or for which the vehicle received a waiver.
(5) Be unable to account for five or more inspection stickers at any
one time upon the request of an auditor of the Division.
(6) Perform a safety-only inspection on a vehicle that is subject to both
a safety and an emissions inspection.
(7) Transfer an inspection sticker from one vehicle to another.
(b) Type II. — It is a Type II violation for an emissions self-inspector,
an emissions inspection station, or an emissions inspection mechanic to do
any of the following:
(1) Use the identification code of another to gain access to an
emissions analyzer.
(2) Keep inspection stickers and other compliance documents in a
manner that makes them easily accessible to individuals who are
not inspection mechanics.
(c) Type III. — It is a Type III violation for an emissions self-inspector,
an emissions inspection station, or an emissions inspection mechanic to any
of the following:
(1) Fail to post an emissions license issued by the Division.
(2) Fail to send information on emissions inspections to the Division
at the time or in the form required by the Division.
(d) Other Acts. — The lists in this section of the acts that are Type I,
Type II, or Type III violations are not the only acts that are one of these
types of violations. The Division may designate other acts that are a Type I,
Type II, or Type HI violation.
"§ 20-1 83. 8D. Suspension or revocation of license for safety violations.
620

CHAPTER 754 Session Laws - 1993
may not assess a monetary penalty as a result of missing stickers under both
this subsection and subsection (b). Imposition of a monetary penalty under
this subsection does not affect suspension or revocation of a license required
under subsection (b).
"§ 20-1 83. 8C. Acts that are Type I, II, or III emissions violations.
(a) Type I. - It is a Type I violation for an emissions self-inspector, an
emissions inspection station, or an emissions inspection mechanic to do any
of the following:
(1) Put an emissions inspection sticker on a vehicle without
performing an emissions inspection of the vehicle or after
performing an emissions inspection in which the vehicle did not
pass the inspection.
(2) Use a test-defeating strategy when conducting an emissions
inspection, such as holding the accelerator pedal down slightly
during an idle test, disconnecting or crimping a vacuum hose to
effect a passing result, or changing the emission standards for a
vehicle by incorrectly entering the vehicle type or model year to
achieve a passing result.
(3) Allow a person who is not licensed as an emissions inspection
mechanic to perform an emissions inspection for a self-inspector
or at an emissions station.
(4) Sell or otherwise give an inspection sticker to another other than
as the result of a vehicle inspection in which the vehicle passed the
inspection or for which the vehicle received a waiver.
(5) Be unable to account for five or more inspection stickers at any
one time upon the request of an auditor of the Division.
(6) Perform a safety-only inspection on a vehicle that is subject to both
a safety and an emissions inspection.
(7) Transfer an inspection sticker from one vehicle to another.
(b) Type II. — It is a Type II violation for an emissions self-inspector,
an emissions inspection station, or an emissions inspection mechanic to do
any of the following:
(1) Use the identification code of another to gain access to an
emissions analyzer.
(2) Keep inspection stickers and other compliance documents in a
manner that makes them easily accessible to individuals who are
not inspection mechanics.
(c) Type III. — It is a Type III violation for an emissions self-inspector,
an emissions inspection station, or an emissions inspection mechanic to any
of the following:
(1) Fail to post an emissions license issued by the Division.
(2) Fail to send information on emissions inspections to the Division
at the time or in the form required by the Division.
(d) Other Acts. — The lists in this section of the acts that are Type I,
Type II, or Type III violations are not the only acts that are one of these
types of violations. The Division may designate other acts that are a Type I,
Type II, or Type HI violation.
"§ 20-1 83. 8D. Suspension or revocation of license for safety violations.
620